Couple's playhouse in historic district at center of dispute

Danielle D'Annunzio, left, swings as her son Anthony D'Annunzio plays in his playhouse at their home in the Ocala Historic District Thursday afternoon. Historic district residents are upset about the large playhouse in the front yard of the D'Annunzio's home at 839 SE 2nd Street in Ocala, FL. "This is ridiculous and a waste of both your time and mine," Robert D'Annunzio said Thursday in front of the City of Ocala Code Enforcement hearing. The Magistrate, Thomas Dobbins, ruled that the D'Annuzio's had 120 days to get approval for the playhouse from the Ocala Historic Preservation Advisory Board or from City Council. If they are denied by city council, then the D'Annuzio's have to remove the playhouse. "If they make me tear it down, my 5 year-old will be devastated," Danielle D'Annunzio said Thursday.

Doug Engle/ Ocala Star-Banner

By Carlos E. MedinaCorrespondent

Published: Saturday, April 27, 2013 at 6:30 a.m.

Last Modified: Friday, April 26, 2013 at 5:21 p.m.

A child's playhouse is at the center of a growing neighborhood dispute in Ocala's historic district.

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On Thursday, the issue came before a city of Ocala code enforcement special magistrate where things got heated after Robert and Danielle D'Annunzio were told the playhouse at the home at 835 SE Second St. had to be moved or come down unless they received permission from the city.

“I can't afford $1,000 to just apply for a variance. I don't have that type of money,” Robert D'Annunzio said. “I find it offensive that I can't have a playhouse for my child on my own property.”

But the playhouse violates several code enforcement regulations. Within the city, no outbuildings are allowed in a home's front yard. Further, because the D'Annunzio's home is in the historic district, which has special rules, any structural changes or additions to the home or on the property must be approved by the Ocala Historic Preservation Advisory Board, according to Charles Rich, the city's code enforcement manager.

In December, the D'Annunzios were directed by code enforcement to stop building the playhouse until they received the proper permits. The playhouse was later finished without the proper permissions.

“You understand that you have to obtain the right permits to do that? You were informed about that, and then you proceeded to complete construction,” said Thomas Dobbins, the special magistrate.

Robert D'Annunzio said he did not understand the permitting process and felt it was an intrusion to people's rights as homeowners.

“I didn't get a rule book when I bought the house,” he said. “I'm just trying to live my life on my property. I think people should be able to live in their own property,” he said.

But the D'Annunzios now find themselves having to weave through the city's regulations if they hope to keep the playhouse.

The easiest solution would be to move the structure to the backyard. But the house, built in the early 1900s, has a miniscule backyard.

“I can't put it back there. There is no room,” said Danielle D'Annunzio.

So, the couple has to apply for a variance, which would allow the playhouse to stay in the front yard. If that is approved, they would then have to apply for a certificate of appropriateness from the Ocala Historic Preservation Advisory Board. If OHPAB denies the certificate, the couple's last resort is to appeal to the Ocala City Council for their approval.

They were given 120 days in which to get it done. If they do not, they have to get rid of the playhouse or face a fine of $25 per day.

“If I have to tear this down in front of my 5-year-old son he will be devastated. I won't do it,” Danielle D'Annunzio said as she broke down in tears in front of the magistrate.

As her frustration grew, she turned her anger toward two women in the audience who were opposed to the playhouse.

One was Jane Cosand, a member of OHPAB and one of 22 people who signed a petition calling for the removal of the playhouse. The other was an unidentified resident of the Plantation Oaks condominiums, which are across the street from the D'Annunzios' home. Most of the people who signed the petition are residents of the condos.

“They have called the cops on me ... They called animal control ... I don't know what I did to these people. I'm just trying to be a mom. That's all I am doing. These people are evil,” Danielle D'Annunzio said as she faced the two women.

The D'Annunzios stormed out of the hearing but returned a short time later.

Cosand spoke briefly after the meeting.

“I am not here representing OHPAB. I am here as a private citizen,” she said. “He (D'Annunzio) knew he had to get a (certificate of appropriateness.)”

The D'Annunzios said they will consider their options and make a decision soon.

On Thursday afternoon, 5-year-old Anthony D'Annunzio enjoyed the playhouse as he does almost every day, oblivious to the controversy.

<p>A child's playhouse is at the center of a growing neighborhood dispute in Ocala's historic district.</p><p>On Thursday, the issue came before a city of Ocala code enforcement special magistrate where things got heated after Robert and Danielle D'Annunzio were told the playhouse at the home at 835 SE Second St. had to be moved or come down unless they received permission from the city.</p><hr />
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<hr /><p>“I can't afford $1,000 to just apply for a variance. I don't have that type of money,” Robert D'Annunzio said. “I find it offensive that I can't have a playhouse for my child on my own property.”</p><p>But the playhouse violates several code enforcement regulations. Within the city, no outbuildings are allowed in a home's front yard. Further, because the D'Annunzio's home is in the historic district, which has special rules, any structural changes or additions to the home or on the property must be approved by the Ocala Historic Preservation Advisory Board, according to Charles Rich, the city's code enforcement manager.</p><p>In December, the D'Annunzios were directed by code enforcement to stop building the playhouse until they received the proper permits. The playhouse was later finished without the proper permissions.</p><p>“You understand that you have to obtain the right permits to do that? You were informed about that, and then you proceeded to complete construction,” said Thomas Dobbins, the special magistrate.</p><p>Robert D'Annunzio said he did not understand the permitting process and felt it was an intrusion to people's rights as homeowners.</p><p>“I didn't get a rule book when I bought the house,” he said. “I'm just trying to live my life on my property. I think people should be able to live in their own property,” he said.</p><p>But the D'Annunzios now find themselves having to weave through the city's regulations if they hope to keep the playhouse.</p><p>The easiest solution would be to move the structure to the backyard. But the house, built in the early 1900s, has a miniscule backyard.</p><p>“I can't put it back there. There is no room,” said Danielle D'Annunzio.</p><p>So, the couple has to apply for a variance, which would allow the playhouse to stay in the front yard. If that is approved, they would then have to apply for a certificate of appropriateness from the Ocala Historic Preservation Advisory Board. If OHPAB denies the certificate, the couple's last resort is to appeal to the Ocala City Council for their approval.</p><p>They were given 120 days in which to get it done. If they do not, they have to get rid of the playhouse or face a fine of $25 per day.</p><p>“If I have to tear this down in front of my 5-year-old son he will be devastated. I won't do it,” Danielle D'Annunzio said as she broke down in tears in front of the magistrate.</p><p>As her frustration grew, she turned her anger toward two women in the audience who were opposed to the playhouse.</p><p>One was Jane Cosand, a member of OHPAB and one of 22 people who signed a petition calling for the removal of the playhouse. The other was an unidentified resident of the Plantation Oaks condominiums, which are across the street from the D'Annunzios' home. Most of the people who signed the petition are residents of the condos.</p><p>“They have called the cops on me ... They called animal control ... I don't know what I did to these people. I'm just trying to be a mom. That's all I am doing. These people are evil,” Danielle D'Annunzio said as she faced the two women.</p><p>The D'Annunzios stormed out of the hearing but returned a short time later.</p><p>Cosand spoke briefly after the meeting.</p><p>“I am not here representing OHPAB. I am here as a private citizen,” she said. “He (D'Annunzio) knew he had to get a (certificate of appropriateness.)”</p><p>The D'Annunzios said they will consider their options and make a decision soon.</p><p>On Thursday afternoon, 5-year-old Anthony D'Annunzio enjoyed the playhouse as he does almost every day, oblivious to the controversy.</p>